HomeMy WebLinkAbout2013-07-09; City Council; Resolution 2013-175Exhibit 2
1 RESOLUTION NO. 201.-^-1 y.'s
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, CONFIRMING
^ THE DIAGRAM AND ASSESSMENT AND
PROVIDING FOR THE LEVY OF THE ANNUAL
ASSESSMENT FOR STREET LIGHTING AND
5 LANDSCAPING DISTRICT NO. 2
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WHEREAS, the City Council of the City of Carlsbad, California, has initiated
proceedings for the levy of the annual special assessment district pursuant to the terms
of the Landscaping and Lighting Act of 1972 (Division 15, Part 2 of the State Streets
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^0 Highways Code, commencing with Section 22500); the special assessment district is
11 known and designated as Street Lighting and Landscaping District No. 2 (hereinafter
12 referred to as the "Assessment District"); and
13 WHEREAS, the Assessment District is an existing assessment district in which
the maximum allowable assessment rates for each zone have been increased by the
annual change in the San Diego County Consumer Price Index (CPI), as was approved
by the City Council following a property owner vote, and the proposed assessments to
be levied are less than or equal to the allowable maximum rates and; therefore, this
Assessment District is exempt from the procedures pursuant to California Article XIIID §
5 (a); and
21 WHEREAS, at this time, a public hearing has been held relating to the levy of the
22 annual assessments, and the City Council is now satisfied with the assessment and
23 diagram and all other matters as contained in the Engineer's Report (the "Report") as
24 now submitted for final consideration and approval.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitations are true and correct.
Exhibit 2
1 PROTESTS
2 SECTION 2. That all protests and objections of every kind and nature be, and
the same hereby are, overruled and denied.
CONFIRMATION
SECTION 3. That the final assessment and diagram for the proceedings, as
contained in the Engineer's Report, are hereby approved and confirmed.
SECTION 4. That the public interest and convenience requires and the City
Council does hereby order the maintenance work to be made and performed as set
10 forth in the Report, and as previously declared and set forth in the Resolution of
11 Intention.
12 SECTION 5. That the assessments contained in the Report for the next fiscal
^3 year are hereby confirmed and levied upon the respective lots or parcels of land in the
Assessment District in the amounts as set forth in the final Report. It is hereby further
determined that all assessments have been apportioned properly in accordance with the
benefits that each parcel receives from the proposed maintenance works of
improvement.
FILING AND RECORDING
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20 SECTION 6. That the above-referenced diagram and assessment shall be filed
21 in the office of the City Clerk, with a certified copy to be filed in the office of the
22 Engineering Department. Said diagram and assessment, and the certified copy thereof,
23 shall be open for public inspection.
SECTION 7. That the City Clerk is hereby ordered and directed to file a certified
copy of the diagram and assessment with the San Diego County Auditor. Said filing is
to be made no later than the third Monday in August, or as required by the County of
San Diego.
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Exhibit 2
1 ENTRY UPON THE ASSESSMENT ROLL
2 SECTION 8. That after the filing of the diagram and assessment, the San Diego
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County Auditor shall enter on the County of San Diego Assessment Roll, opposite each
lot or parcel of land, the amount assessed thereupon.
COLLECTION AND PAYMENT
SECTION 9. The assessments shall be collected at the same time in the same
manner as County of San Diego taxes are collected, and all laws providing for the
collection and enforcement of County of San Diego taxes shall apply to the collection
10 and enforcement of the assessments.
11 FISCAL YEAR
12 SECTION 10. That the assessments as above authorized and levied for these
proceedings will provide revenue and relate to the fiscal year commencing July 1, 2013
14 and ending June 30, 2014.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 9th day of July 2013, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Wood, Blackburn, Douglas.
None.
Council Member Packard.
BARBARA ENGLESON,'aty Clerk
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